Public Deed (Escritura Pública)

A public deed of purchase and sale (escritura pública) is the legal instrument through which the seller formally transfers ownership of a property to the buyer, backed by the public faith of a notary (tabelião). Its execution is mandatory for properties valued above 30 times the minimum wage (art. 108, Civil Code), under penalty of the deal being void.

• Execution: carried out at a Notary Office (Cartório de Notas) by a licensed notary, after the parties submit documents about themselves and the property (updated title record, negative certificates, proof of transfer tax payment, and the seller’s income tax filing).
• Legal effect: the deed alone does not transfer ownership. The transfer only happens once the deed is registered with the Real Estate Registry Office (CRI), under art. 1,245 of the Civil Code. Until registration, the seller remains the legal owner.
• Costs: notary fees follow a state schedule (in Santa Catarina, set by the state court, TJSC) and are charged on the value declared in the deed. The buyer also pays the transfer tax (ITBI) before execution.
• Deed vs. private contract: a private purchase-and-sale contract is valid as a commitment, but it cannot be registered directly with the CRI to transfer ownership. The public deed is the definitive instrument that enables the transferring registration.
• Bank financing: when financing is involved, the bank issues a private instrument (a financing contract with a fiduciary lien) that can be registered directly, waiving the need for a separate public deed in that specific case.

In Florianópolis, Notary Offices (Cartórios de Notas) handle deed execution. The average time between submitting documents and executing the deed ranges from 3 to 10 business days. The notary checks the documentation, verifies the parties, and certifies the act, making it effective against everyone (erga omnes) once it is subsequently registered with the CRI.